CHAPTER 2. Claim and Delivery of Personal Property [511.010. - 516.050.]

Chapter 2 added by Stats. 1973, Ch. 526.

§§ 511.010–516.050 · 37 sections

1. ARTICLE 1. Words and Phrases Defined §§ 511.010–511.100 · 10 sections

   • § 511.010 Unless the provision or context otherwise requires, the definitions in this article govern the construction of this chapter.
   • § 511.020 “Complaint” includes a cross-complaint.
   • § 511.030 “Defendant” includes a cross-defendant.
   • § 511.040 “Farm products” means crops or livestock or supplies used or produced in farming operations or products of crops or livestock in their unmanufactured states…
   • § 511.050 “Inventory” means tangible personal property in the possession of a defendant who holds it for sale or lease or to be furnished under contracts of service.
   • § 511.060 “Levying officer” means the sheriff or marshal who is directed to execute a writ of possession issued under this chapter.
   • § 511.070 “Person” includes an individual, a corporation, a partnership or other unincorporated association, a limited liability company, and a public entity.
   • § 511.080 “Plaintiff” means a person who files a complaint or cross-complaint.
   • § 511.090 A claim has “probable validity” where it is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim.
   • § 511.100 “Public entity” includes the state, the Regents of the University of California, a county, city, district, public authority, public agency, and any other…
2. ARTICLE 2. Writ of Possession §§ 512.010–512.120 · 12 sections

   • § 512.010 (a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a written…
   • § 512.020 (a) Except as otherwise provided in this section, no writ shall be issued under this chapter except after a hearing on a noticed motion. (b) A writ of…
   • § 512.030 (a) Prior to the hearing required by subdivision (a) of Section 512.020, the defendant shall be served with all of the following: (1) A copy of the summons and…
   • § 512.040 The “Notice of Application and Hearing” shall inform the defendant of all of the following: (a) A hearing will be held at a place and at a time, to be…
   • § 512.050 Each party shall file with the court and serve upon the other party within the time prescribed by rule any affidavits and points and authorities intended to be…
   • § 512.060 (a) At the hearing, a writ of possession shall issue if both of the following are found: (1) The plaintiff has established the probable validity of the…
   • § 512.070 If a writ of possession is issued, the court may also issue an order directing the defendant to transfer possession of the property to the plaintiff. Such…
   • § 512.080 The writ of possession shall meet all of the following requirements: (a) Be directed to the levying officer within whose jurisdiction the property is located.…
   • § 512.090 (a) The plaintiff may apply ex parte in writing to the court in which the action was brought for an endorsement on the writ directing the levying officer to…
   • § 512.100 Neither the failure of the defendant to oppose the issuance of a writ of possession under this chapter nor his failure to rebut any evidence produced by the…
   • § 512.110 The determinations of the court under this chapter shall have no effect on the determination of any issues in the action other than the issues relevant to…
   • § 512.120 If the plaintiff fails to recover judgment in the action, he shall redeliver the property to the defendant and be liable for all damages sustained by the…
3. ARTICLE 3. Temporary Restraining Order §§ 513.010–513.020 · 2 sections

   • § 513.010 (a) Except as otherwise provided by this chapter, the provisions of Chapter 3 (commencing with Section 525) of this title relating to the issuance of a…
   • § 513.020 In the discretion of the court, the temporary restraining order may prohibit the defendant from doing any or all of the following: (a) Transferring any…
4. ARTICLE 4. Levy and Custody §§ 514.010–514.050 · 5 sections

   • § 514.010 (a) Except as otherwise provided in this section, upon receipt of the writ of possession the levying officer shall search for and take custody of the specified…
   • § 514.020 (a) At the time of levy, the levying officer shall deliver to the person in possession of the property a copy of the writ of possession, a copy of the…
   • § 514.030 (a) After the levying officer takes possession pursuant to a writ of possession, the levying officer shall keep the property in a secure place. Except as…
   • § 514.040 The levying officer shall return the writ of possession, with his proceedings thereon, to the court in which the action is pending within 30 days after levy…
   • § 514.050 Where the property taken is claimed by a third person, the rules and proceedings applicable in cases of third-party claims under Division 4 (commencing with…
5. ARTICLE 5. Undertakings §§ 515.010–515.030 · 3 sections

   • § 515.010 (a) Except as provided in subdivision (b), the court shall not issue a temporary restraining order or a writ of possession until the plaintiff has filed an…
   • § 515.020 (a) The defendant may prevent the plaintiff from taking possession of property pursuant to a writ of possession or regain possession of property so taken by…
   • § 515.030 (a) The defendant may object to the plaintiff’s undertaking not later than 10 days after levy of the writ of possession. The defendant shall mail notice of…
6. ARTICLE 6. Miscellaneous Provisions §§ 516.010–516.050 · 5 sections

   • § 516.010 The Judicial Council may provide by rule for the practice and procedure in proceedings under this chapter.
   • § 516.020 The Judicial Council shall prescribe the form of the applications, notices, orders, and other documents required by this chapter.
   • § 516.030 The facts stated in each affidavit filed pursuant to this chapter shall be set forth with particularity. Except where matters are specifically permitted by…
   • § 516.040 The judicial duties to be performed under this chapter are “subordinate judicial duties” within the meaning of Section 22 of Article VI of the California…
   • § 516.050 Nothing in this chapter shall preclude the granting of relief pursuant to Chapter 3 (commencing with Section 525) of this title.